In the media

Lack of network planning threatens Australia's
renewable electricity future, expert warnsHuge renewable energy resources have been identified
across Australia, but planning is lagging to develop a grid network
suitable for the transformation that gives certainty to
stakeholders (22 November 2018).
More...

Global efforts 'need to triple' by 2030 to hold
warming at 2CThe UN's 2018 Emissions Gap Report sounds yet another
dire warning for global policy makers, listing Australia as one of
a number of G20 countries that will not meet their Paris targets by
2030 (28 November 2018).
More...

Greater Commonwealth leadership needed on citiesPrime Minister Scott Morrison's comments about setting
migration caps to alleviate congestion pressures in in our biggest
cities are an interesting response to a highly contentious issue,
according to the Planning Institute of Australia
(PIA) (21 November 2018).
More...

Queensland

Stop Order extended for Broadway HotelThe Palaszczuk Government is taking further action to
protect the historical Broadway Hotel at Woolloongabba and has
extended a Stop Order notice (30 November 2018).
More...

Show-cause notice issued to owner of fire-ravaged
Broadway HotelThe owner of the fire-ravaged Broadway Hotel in
Brisbane's south has been issued with a 'show cause'
notice from Brisbane City Council over the building's
dilapidated state. In September, the derelict Woolloongabba pub on
Logan Road was gutted by a suspicious fire, further destroying the
building's fragile infrastructure (27 November 2018).
More...

South Bank master plan to guide future of the
people's placeThirty years since South Bank hosted World Expo '88,
the Palaszczuk Government and South Bank Corporation will develop a
new master plan to revitalise the 'people's place' for
the next 30 years and beyond (27 November 2018).
More...

Palaszczuk Government takes next step in mining
rehabilitationThe Palaszczuk Government released a discussion paper on
options for residual risk management of mine sites. Minister for
Environment Leeanne Enoch said the environmental regulator can
request a residual risk payment from resource companies to cover
potential rehabilitation costs incurred after surrender of an EA
has been accepted and
financial assurance has been returned (19 November 2018).
More...

Battery grants drive next renewable waveThe next wave of Queensland's renewable revolution
will start, when grants become available for households and small
businesses to install batteries to store their solar power (18
November 2018).
More...

More than 10,000 responses to The Spit master plan
optionsGold Coast residents have logged more than 10,000
responses on the 72 options presented for the seven Spit precincts,
with the Top of The Spit so far drawing the most feedback (17
November 2018).
More...

Call-in proposed for Bargara Jewel developmentMinister for State Development, Manufacturing,
Infrastructure and Planning Cameron Dick has proposed a ministerial
call-in of the approved Esplanade Jewel development at Bargara,
near Bundaberg (16 November 2018).
More...

NSW

Sydney apartment owners face $12.5 million bill to
remove flammable claddingHundreds of apartment owners in an inner-city development
have been told they may have to cough up $45,000 each in special
levies to cover the estimated $12.5 million cost of removing and
replacing 10,000 square metres of potentially deadly flammable
cladding (02 December 2018).
More...

Planning reforms proposed for boarding housesThe NSW Government is considering reforms to cap the
number of boarding rooms allowed in a boarding house development in
low-density residential zones to a maximum of 12 per site (28
November 2018).
More...

Multi million dollar asbestos dumping finesAsbestos dumpers now face multi-million dollar fines under
new laws passed by the NSW Government (22 November 2018).
More...

NSW Water Regulator increases reach to help communities
complyThe Natural Resources Access Regulator
(NRAR) Chief Regulatory Officer Grant Barnes said
getting more boots on the ground is crucial for effective education
and enforcement of the water regulation laws. (22 November 2018).
More...

Ten minute grace period for parking finesFrom 31 January 2019 motorists will be given a ten minute
grace period for parking fines after paying for at least one hour
of parking and receiving a physical ticket or coupon (20 November
2018).
More...

Apple at Fed Square pushed back a year, as Andrews
confirms supportPlans to demolish part of Federation Square to make way
for a new Apple store have been pushed back a year but Premier
Daniel Andrews says his re-elected government continues to support
the project. The plan was set back by a Heritage Victoria
recommendation the civic space be added to the heritage register
(30 November 2018).
More...

EPA grants Australian Paper waste facility works
approvalEPA has granted Paper Australia Pty Ltd
(Australian Paper) a Works Approval to develop a
large-scale, waste to energy facility in Victoria (29 November
2018).
More...

Wodonga's first cinema complex at Junction Place
gets green lightConstruction of Wodonga's first cinema and
entertainment complex will commence at Junction Place in mid-2019,
following approval of the plans by the City of Wodonga (20 November
2018).
More...

In practice and courts

Commonwealth

Draft native title reforms The Attorney-General and the Minister for Indigenous
Affairs on 30 October 2018
released exposure drafts of the Native Title Legislation
Amendment Bill 2018 and Registered Native Title Bodies Corporate
Legislation Amendment Regulations 2018. Copies of the exposure
draft legislation, along with a public consultation paper and fact
sheets summarising the proposed amendments are available
here.

Announcements, Draft Policies and Plans released
2018

Queensland

PCA: Brisbane City Council Planning AmendmentsProposed changes to the Brisbane City Plan
(2014) would see retirement and aged-care
incentives provide developers with an additional two storeys in any
zone, which would allow the industry to more easily meet the
increasing housing demands of the aging population (29 November
2018).
More...

City Plan amendments: Adopted
Current Amendment v13.00/2018 - effective 23 November
2018
Minor and Administrative Amendment included: update and reflect the
regulated requirements of the Planning Regulation 2017;
update mapping to reflect current development approvals including
Consent Orders of the Planning and Environmental Court; update and
reflect current Council policies and infrastructure design
standards.

Apply to become a NSW Site AuditorThe EPA is calling for applications from appropriately
qualified and experienced people to become accredited site auditors
(25 November 2018).
More...

NSW Land and Environment CourtThe Practice Note – Class 2 Tree Applications dated
13 May 2014 has been replaced with a new
Practice Note that adds a paragraph to direction 10 of the
Usual Directions found in
Schedule A. The new Practice Note commences on 1 December 2018
(22 November 2018). More...

St Leonards and Crows Nest 2036The Department has released a draft planning package for
St Leonards and Crows Nest for community feedback. The draft
planning package is on public exhibition until 3 December 2018. You
are invited to review and provide feedback on the documents
here.

NSW water metering framework The NSW Government is committed to implementing a robust
new metering framework to measure and meter water take in NSW. The
new framework is a commitment under the NSW Government's Water Reform
Action Plan. The regulation will commence on 1 December 2018.
More...

Cases

Queensland

Hobson Constructions (Qld) Pty Ltd v Chief Executive
Administering the Planning Act & Anor[2018] QPEC 56ENVIRONMENT AND PLANNING - COURTS AND TRIBUNALS WITH
ENVIRONMENT JURISDICTION – QUEENSLAND - STATUTES -
INTERPRETATION - FUNCTION OF COURT Where a development approval has
been given by the Court – where conditions which were the
subject of a response of a referral agency were part of that
approval - where application is subsequently made for minor change
to development approval – whether the referral agency or the
Court is the responsible entity under section 78 of the Planning
Act.

Body Corporate for Lindor and Planit Consulting Pty Ltd v
Gold Coast City Council[2018] QPEC
54PLANNING AND ENVIRONMENT – SUBMITTER APPEAL AGAINST
APPROVAL of a high rise mixed use development – where the
council approved the application but contended that the appeal
should be allowed – extent of conflict with 2003 planning
scheme – weight to be given to 2016 planning scheme –
height and scale, density, site coverage, set backs, amenity, plot
ratio, landscaped areas, minimum site area, podium and tower
design, reasonable expectations – whether sufficient grounds
to justify approval notwithstanding conflict – whether height
and density provisions overtaken by events – infill higher
density development – character, amenity and consistency of
built form, traffic benefit, open space, need and economic
benefits, optimising development, whether conflict mitigated by
2016 planning scheme.

Baker v Department of Natural Resources &
Mines[2018] QCAT
375ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS
– QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where
applicant had been convicted of a vegetation clearing offence
– where the applicant was consequently issued with a
restoration notice and new Property Map of Assessable Vegetation
(PMAV) by an authorised delegate of the Chief
Executive of the Department of Natural Resources and Mines pursuant
to the Vegetation Management Act (VMA)
– where applicant applied for internal review of that
decision and was unsuccessful – where applicant applied to
the Tribunal for external review of that decision – where
interim application filed to address jurisdictional matters –
where the applicant contends the Tribunal does not have
jurisdiction on the basis that s 54B of the VMA required the
Respondent to 'reasonably believe' a person has committed a
vegetation clearing offence which does not extend to actual
knowledge of a criminal conviction – where the applicant
contends the Tribunal does not have jurisdiction on the basis that
the Respondent's decision to issue a new PMAV was defective as
it should have been made under only one subsection of s 20B of the
VMA.

Compost Works Pty Ltd v Bundaberg Regional
Council[2018] QPEC 55PLANNING AND ENVIRONMENT – APPLICATION TO STRIKE OUT
APPEAL – where the appellant does not own the land the
subject of the appeal – where the registered owner gave
consent but has purported to withdraw it – where the
respondent brings an application to strike out or dismiss the
appeal on the basis the owner no longer consents – where
there has been no disclosure – whether the proceeding is a
clear futility.

McDonald v Holeszko[2018] QDC
204CRIMINAL LAW – APPEAL AND NEW TRIAL – APPEAL
AGAINST SENTENCE – GROUNDS FOR INTERFERENCE – where the
appellant was found guilty of six offences of carrying out
assessable development without an effective development permit
– whether the learned magistrate had fallen into error in
finding the appellant guilty – whether the fine and costs
imposed by the learned magistrate were manifestly excessive –
whether the appellant was bound by the provisions of the
Sustainable Planning Act in respect of the vegetation on
his freehold land, despite being the registered title owner of that
land – whether a belief by the appellant that he was entitled
to clear vegetation was a defence to the charges.
CRIMINAL LAW – APPEAL AND NEW TRIAL – PARTICULAR
GROUNDS OF APPEAL – FRESH EVIDENCE – AVAILABILITY AT
TRIAL, MATERIALITY AND COGENCY – where the appellant sought
to rely on new evidence – where the appellant was granted
leave to argue the issue of the admissibility of an affidavit
– where the respondent was not taken by surprise –
where the material was available to the appellant at the time of
the Magistrates' Court trial.

NSW

Muswellbrook Shire Council v Hunter Valley Energy Coal
Pty Ltd (No 3)[2018] NSWLEC 193JUDICIAL REVIEW – whether condition of mine approval
requiring rehabilitation strategy to be prepared imports objective
requirements as to content of the strategy – whether
rehabilitation strategy meets the definition of rehabilitation
strategy in the conditions of consent – whether Secretary was
able to form opinion of satisfaction in respect of the strategy
prepared JUDICIAL REVIEW – whether Secretary failed to take
mandatory considerations into account – whether
Secretary's state of satisfaction with respect to
rehabilitation strategy was legally unreasonable EVIDENCE –
admissibility of expert evidence – criteria which need to be
established for expert evidence to be admitted –
considerations which go to admissibility – considerations
which go to weight PLANNING AND ENVIRONMENT – construction of
development consents – whether document explicitly
incorporated into development consent – circumstances in
which it is appropriate to consider extrinsic material in
construing development consent.

AMT Planning Consultants Pty Ltd t/as Coastplan
Consulting v Central Coast Council[2018]
NSWCA 289PLANNING LAW – existing use rights –
development consents granted in 1980 and early 1983 for use as a
caravan park – conditions restricted use of the caravan park
to short term accommodation – use as a caravan park
prohibited from 5 May 1983 – whether existing use rights as a
caravan park limited to short term accommodation – whether
conditions can be taken into account in characterising existing use
– whether a condition referring to the Council's Caravan
Code had an ambulatory operation.

Geeves v Inner West Council[2018] NSWLEC 1601DEVELOPMENT APPLICATION: Boarding house – whether
the floor space ratio control is exceeded – whether the
maximum room size standard is exceeded - no variation to
development standard sought - no power to consent to application
– directions not warranted.

Lee v Woollahra Municipal Council[2018] NSWLEC 1597DEVELOPMENT APPLICATION: refusal of the application by the
Local Planning Panel; no contentions raised by the respondent;
contributory building in the Woollahra Heritage Conservation Area;
demolition of existing dwelling house and construction of a new
dwelling house, pool and landscaping works.

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